Swarts v. Stees
Supreme Court of Kansas
Error from Shawnee Coimty, On January 19th, 1860, defendant Stees executed his note and mortgage to plaintiffs on land described therein, as the E. & of S. E. Sec. 14, T. 13, R. 14, May 14th, 1862, plaintiffs commenced action to foreclose the mortgage, setting forth a mistake in. the description of the land, in this, that it should have been the E. i of N. E. J of said Section, and asked a reformation of the mortgage.
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Error from Shawnee Coimty, On January 19th, 1860, defendant Stees executed his note and mortgage to plaintiffs on land described therein, as the E. & of S. E. Sec. 14, T. 13, R. 14, May 14th, 1862, plaintiffs commenced action to foreclose the mortgage, setting forth a mistake in. the description of the land, in this, that it should have been the E. i of N. E. J of said Section, and asked a reformation of the mortgage. On application the defendants, Bryan & Hardcastle, at the Spring Term of Court were made parties defendants. Defendant Stees made default. Defendants Bryan & Hard-castle…
1Opinion of the Court
*241By the Court,
Crozier, C. J.
The only question necessary to be decided in this case is as to the priority of the liens of the mortgage and judgment. It is insisted by the judgment creditors that because there was no mortgage describing the lands they seek to subject under their judgment upon the records of the County, nor had they any notice of such mortgage, nor was there in fact any such mortgage in existence, their judgment became the first lien upon the lands from the date of its rendition; that they had no notice of the existence of any incumbrance upon the land when their judgment was…
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- Fitzgerald v. FitzgeraldSupreme Court of Kansas · 1916
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